Message from His Excellency the Governor recommending legislation relative to An Act making appropriations for the fiscal year 2009 to provide for supplementing certain existing appropriations and for certain other activities and projects.

The Commonwealth of Massachusetts

_______________

DEVAL L. PATRICK

GOVERNOR

TIMOTHY P. MURRAY

LIEUTENANT GOVERNOR

Executive Department

State House · Boston 02133

(617) 725-4000

July 2, 2009

To the Honorable Senate and House of Representatives:

I am filing for your consideration “An Act Making Appropriations for the Fiscal Year 2009 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects”. This legislation recommends Fiscal Year 2009 supplemental appropriations totaling $64 million and also includes language to allow for the proper close out of fiscal year 2009.

The supplemental items to fund existing obligations include:

·$60 million for unanticipated spending within MassHealth accounts. This spending is covered by higher-than-anticipated Enhanced Federal Medical Assistance Percentages (Enhanced FMAP) revenue in fiscal year 2009.

·$3 million to aid in the transition of transportation entities as a result of the recently enacted transportation reform bill.

Additionally, this legislation permits unspent funding in several accounts to be available in fiscal year 2010. In each of these cases, the funding is necessary in order to make payments in fiscal year 2010 for obligation that have already begun in fiscal year 2009.

Sufficient revenues are estimated to be available to finance these appropriations. I urge your prompt and favorable consideration of this bill.

Respectfully submitted,

DEVAL L. PATRICK,

Governor.

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HOUSE — No. 4157

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine.

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MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2009 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2009 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

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SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2009, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2009. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2010.

SECTION 2.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Division of Medical Assistance

4000-0700$60,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001$100,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2009. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-9003For a reserve for the implementation of transportation reform$3,039,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Department of State Police

8100-0006For private police details; provided, that the department may expend up to $19,900,000 in revenues collected from fees charged for private police details and for the costs of administering such details; and provided further, that notwithstanding any general or special law to the contrary, the department may incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year 2009 to be charged to this item in an amount not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system for the purposes stated in this item to accommodate the delayed receipt of revenues authorized to be retained in this item during fiscal year 2009$900,000

SECTION 2C.I. For the purpose of making available in fiscal year 2010 balances of appropriations which otherwise would revert on June 30, 2009, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 2009. However, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of the general appropriation act; provided, however, that for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated in this section shall be in addition to any amounts available for said purposes.

SHERIFFS

Hampshire Sheriff's Department

8910-0110$55,000

TREASURER AND RECEIVER-GENERAL

Office of the Treasurer and Receiver-General

0699-9100$500,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1100-1560$695,887

1599-1031$2,845,216

1599-2005$457,732

1599-2008$450,000

1599-2112$6,300,000

1599-9003$3,039,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Division of Banks

7006-0011$100,000

Department of Telecommunications and Cable

7006-0071$49,846

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7003-0701$17,938,904

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary of Public Safety and Security

8000-0036$3,653,055

Department of State Police

8100-0006$900,000

Department of Public Safety

8315-1020$185,000

Military Division

8700-0001$100,000

CCTF Transfer

SECTION 3. Subsection (b) of section 88 of chapter 182 of the acts of 2008 is hereby amended by striking out the second sentence, as amended by section 27 of chapter 26 of the acts of 2009, and inserting in place thereof the following sentence:- Not less than $987,959,145shall be transferred from the General Fund to the Commonwealth Care Trust Fund and not less than $47,996,382 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund.

Transfer from Stabilization Fund

SECTION 4. Notwithstanding any general or special law to the contrary, the secretary of administration and finance may direct the comptroller to transfer funds from the Commonwealth Stabilization Fund to the General Fund in an amount sufficient to ensure that the consolidated net surplus in the budgetary funds, as defined in section 1 of chapter 29 of the General Laws, for fiscal year 2009 is not less than $10,000,000 in addition to the amount to be disposed under clause (a) of section 5C of chapter 29 of the General Laws. Before making any such transfer, the comptroller shall on or before October 15 notify the secretary in writing of the amount of the consolidated net surplus without making such a transfer.

Amending Effective Date for the RMV deposit into the Head Injured Trust Fund

SECTION 5. Chapter 182 of the acts of 2008 is hereby amended by inserting after section 120 the following section:-

Section 120A. Section 44 shall take effect on July 1, 2009.

Secretary of State Transfer to Trust Account

SECTION 6.Notwithstanding any general or special law to the contrary, in order to meet federal matching fund requirements, the comptroller shall transfer $251,735 from item 0521-0000 of section 2 of chapter 182 of the acts of 2008 to trust account 0521-0700.

Transfer to the CA/T Fund

SECTION 7. Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the secretary of administration and finance, shall not make the transfer established under section 63 of chapter 10 of the General Laws to the General Fund for fiscal year 2009.

Allow MassHealth to Spend into the Accounts Payable Period for the DDS ISA

SECTION 8. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not to exceed a total of $15,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 182 of the acts of 2008, shall not revert to the General Fund until September 1, 2009, and may be used by the executive office of health and human services to pay for services provided during fiscal year 2009.

Amortization of F2009 Snow and Ice Deficit

SECTION 9. Notwithstanding section 23 of chapter 59 of the General Laws, section 31D of chapter 44 of the General Laws, or any other special or general law, any city or town may amortize over the 3 fiscal years 2010, 2011 and 2012, in equal installments or more rapidly, an amount of its fiscal year 2009 snow and ice deficit. The local appropriating authority as defined in section 21C of chapter 59 of the General Laws shall adopt a deficit amortization schedule before the setting of the FY2010 municipal tax rate, consistent with the first sentence of this section. The commissioner of revenue may issue guidelines or instructions for reporting the amortization of deficits authorized by this section.

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